Explanatory Statement – AERU 05-48/ Class G Airspace
Purpose: All changes to airspace are given legal effect by the raising of a valid Legislative Instrument, signed by the appropriate delegate. The permanent description of airspace is published in the AIP MAP products (as defined in ICAO Annex 15) and in the Designated Airspace Handbook (DAH). The DAH is issued on an alternating approximate 24/28 week cycle. The DAH lists and describes, in tabular form, the lateral and vertical limits and any other pertinent details of airspace volume.
The attachment to this instrument is a duplicate of the section of the DAH, which becomes effective 24 November 2005, describing the Class G airspace.
Operation: The Class G airspace legislative instrument describes the area which IFR and VFR aircraft are permitted. A flight information service is made available on request.
Impact: The impact on this determination of Class G airspace is expected to be negligible as the majority of this airspace is already in existence as previously established airspace for all flight operations within the Australian flight information region.
The Office of Regulation Review determined this instrument appeared unlikely to have direct or significant indirect impact on businesses and therefore confirmed a Regulation Impact Statement would not be required.
Overview
The Class G Airspace legislative instrument, F2005L03642, was enacted in 2005 by the Commonwealth of Australia to provide a legal framework for the permanent description and management of Class G airspace within the Australian flight information region. This legislation was introduced to ensure that all changes to airspace are documented and implemented through a valid Legislative Instrument, signed by the appropriate delegate, thereby maintaining clarity and legal certainty in airspace management. The primary objective of this Act is to define the parameters of Class G airspace, which includes the lateral and vertical limits and other pertinent details, and to ensure that this information is consistently updated and made available to the public through the Designated Airspace Handbook (DAH) and Aeronautical Information Publication (AIP) MAP products, as per ICAO Annex 15 requirements.
The Act aims to streamline the process of airspace description and updates, ensuring that the information is both accurate and readily accessible to pilots and other stakeholders. The policy objective is to facilitate safe and efficient air traffic management while minimising any potential impact on businesses, as confirmed by the Office of Regulation Review, which determined that this legislative instrument was unlikely to have a direct or significant indirect impact.
Scope and Application
The AERU 05-48/ Class G Airspace legislation applies to all IFR (Instrument Flight Rules) and VFR (Visual Flight Rules) aircraft operating within the Australian flight information region, ensuring that the airspace description is legally recognised and effectively managed. This instrument is integral to the permanent description of airspace, which is published in the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook (DAH). The DAH, which is updated on an approximate 24/28 week cycle, provides a comprehensive tabular form detailing the lateral and vertical limits, as well as other pertinent details of the airspace volume. This legal instrument is designed to formalise the existence of Class G airspace, which predominantly includes areas that were already established for flight operations. Its primary impact is minimal, as it does not introduce new restrictions or requirements for the majority of airspace already in use. The geographic reach of this legislation is within the Commonwealth of Australia, and it does not specify any exclusions or exemptions. The application of this Act may be extended or modified through subordinate instruments, which would provide additional regulatory details as necessary.
Key Provisions
The key sections of the F2005L03642 legislation pertain to the establishment and description of Class G airspace, which is outlined in the Designated Airspace Handbook (DAH) (sections 1 and 2). Section 3 specifies that the airspace changes become effective from 24 November 2005. This legislative instrument legally validates any modifications to the airspace by a duly authorised delegate. The airspace description, including its lateral and vertical limits, is published in the Aeronautical Information Publication (AIP) MAP products and the DAH, ensuring that all pertinent details of the airspace are available to the public (section 4).
The legislation imposes several obligations on the parties involved. It mandates that all changes to airspace are legally enforceable only if documented in a Legislative Instrument signed by the appropriate delegate (section 1). Furthermore, the DAH must list and describe the airspace, including its limits and any other relevant details, in a tabular format (section 2). This ensures that the information is organised and accessible. Additionally, the AIP MAP products must be updated with the new airspace descriptions to keep all stakeholders informed (section 4).
Violations of the provisions outlined in the F2005L03642 legislation can lead to various consequences. While the legislation does not specify particular offences, breaches of airspace regulations generally result in civil or criminal penalties under other related aviation laws. Civil penalties can include fines, while criminal penalties can range from fines to imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific regulations violated, such as those outlined in the Civil Aviation Act 1988 or other relevant aviation laws. The legislation itself does not detail maximum penalties but references other statutory frameworks where such information can be found.